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<br />145 University Ave. West www.lmc.org 5/15/2024 <br />Saint Paul, MN 55103-2044 (651) 281-1200 or (800) 925-1122 © 2024 All Rights Reserved <br />This material is provided as general information and is not a substitute for legal advice. Consult your attorney for advice concerning specific situations. <br /> <br /> <br />INFORMATION M EMO <br />City Special Elections <br /> <br /> <br />Understand which election questions are authorized or required by state law and which are not. <br />Learn about several other aspects of special elections, including the procedures to call and hold <br />special elections; how general election law applies; the form and effect of recalls and other resident <br />petitions; elections to fill a council vacancy; and ballot form requirements. <br />RELEVANT LINKS: I. Special election purposes <br /> Special elections are held so local voters can weigh in on a city-specific <br />issue. There are two basic special elections: <br />Minn. Stat. § 205.01, subd. 2. <br /> <br />Minn. Stat. § 200.02, subd. 4. <br />• An election to fill a vacancy in public office. <br />• An election to decide a question relating to the city that is lawfully <br />submitted to the local voters. <br />Minn. Stat. § 205.10. For simplicity, this document uses “special election” or “ballot question” <br />to describe any city election held to fill a vacancy or on a city-specific <br />question. Special elections may be held at the same time as the general city <br />or state election. Alternatively, special elections may be held at other times <br />according to state law, if the city holding the election meets the timelines <br />and posting requirements, also found in state law. City councils cannot <br />hold special elections on questions unless authorized to do so by state law. <br /> <br /> <br />Minn. R. 8250.1810, subp. <br />10. <br /> <br />When a special election is held in conjunction with a regular election, it is <br />still called a special election. In other words, a special election does not <br />become part of the regular election just because it is held at the same time. <br />For example, a special election to fill a vacancy has a special heading on <br />the general election ballot that says, “Special election for council member <br />to fill vacancy in term expiring ........”. <br /> <br /> <br />Best practice suggests, and on some election issues the law requires, that <br />any city holding a special election on a city-specific issue consult the city <br />attorney as far in advance as possible. <br /> II. General election law applies <br />Secretary of State: City Clerk <br />Election Guide. <br /> <br />Minn. Stat. § 205.02, subd. 1. <br />Cities must follow any requirements in the statute authorizing the special <br />election. In addition, cities must follow general election procedures, as far <br />as practicable. For example, a city must ensure that all general election- <br />related deadlines can be met before scheduling the election. For ballot <br />question elections, consider both general election law and the specific <br />statute authorizing the ballot question. <br />9